'Con-Torts': From Breach Of Contract To Tort Claims

Law360, New York (March 28, 2008, 12:00 AM EDT) -- Parties to a contract often attempt to transform an ordinary breach of contract claim into a tort claim of fraudulent or negligent misrepresentation.

These hybrid contract-tort disputes, dubbed “con-tort” claims, are all too familiar in litigation arising out of commercial transactions.

The parties to a contract have a falling out, litigation ensues, and the party alleged to have breached the contract also is charged with committing fraud or otherwise misrepresenting the terms of the deal.

Although con-tort disputes assume a variety of forms, the most common...